Ali Abdi Ali v Rhine Forwarders Ltd & 2 others [2020] KEELC 905 (KLR)
The bottom line
#The court ruled its earlier order never authorised demolitions or evictions, and refused to change it, so the defendant's application failed with costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the orders of 29th October, 2019 authorised demolition and eviction
The orders did not authorise demolition; they merely restrained the Defendants from entering or interfering with the suit property, and the parties' claim of confusion was a misconception
The court reviewed the exact terms of the order of 29th October, 2019, which restrained the Defendants from entering, blocking agents, selling, constructing or interfering with the suit property. It found the order clear on its face and capable of no other meaning: it protected the Plaintiff's possession pending hearing, and conferred no authority to demolish structures or evict occupants. Any party aggrieved by the scope of the order should have sought variation.
Whether the court should issue an interlocutory mandatory injunction restoring the Applicant's position
The application was dismissed; the court declined to grant the mandatory injunction
Counsel relied on Kenya Breweries Ltd & Another v Washington O. Okeyo on the tests for interlocutory mandatory injunctions, which are not granted in the absence of special circumstances. The court also noted it was not determining the Plaintiff's injunction application dated 18th October, 2019, and would not delve into who is entitled to the suit property at this stage, directing the parties to fix that application for hearing.
Statutory procedures governing evictions
Evictions must comply with Sections 152E, 152F and 152G of the Land (Amendment Act), 2016, including notice and procedural safeguards
The Applicant's counsel submitted that Section 152E requires a notice of not less than three months before eviction from private land, Section 152F allows a court to confirm, vary or cancel such a notice, and Section 152G prescribes mandatory procedures during evictions, including protection of vulnerable groups, respect for dignity, and priority for affected persons to demolish and salvage their property. The court recorded these submissions but did not found its decision on them.
Legal principles established
#- An interlocutory mandatory injunction will not normally be granted in the absence of special circumstances
- Evictions from private land require the statutory procedure under Sections 152E-152G of the Land (Amendment Act), 2016, including a notice of not less than three months and mandatory procedures protecting those affected
Court orders
#- 1.The 1st Defendant's Application dated 15th June, 2020 is dismissed with costs
- Jurisdiction invoked
- Inherent jurisdiction under Sections 1A and 1B of the Civil Procedure Act and Order 40 Rules 1, 2 and 7 of the Civil Procedure Rules; court seized of the earlier injunction application dated 18th October, 2019
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ali Abdi Ali v Rhine Forwarders Ltd & 2 others [2020] KEELC 905 (KLR)", Case Analysis (2020). Not stated in the judgment (interim application in suit relating to L.R No. 31990, formerly Uns. Agricultural Plot No. 'D', Athi River). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/905/eng@2020-10-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.